Kerr v. Potter
Court of Appeals of Maryland
Appeal from the Court of Chancery. The appellee filed his bill on the 8th September, 1846, alleging, that on the 23d January, 1846, the complainant and a certain Edward M. Kerr commenced, in the city of Baltimore, a wholesale and retail “ Queensware and China business,” under the name and firm of “ E. M. Kerr Co.” That the business of said firm was large and heavy, and the liabilities and obligations outstanding and unpaid are very considerable, as are also the debts now due…
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Appeal from the Court of Chancery. The appellee filed his bill on the 8th September, 1846, alleging, that on the 23d January, 1846, the complainant and a certain Edward M. Kerr commenced, in the city of Baltimore, a wholesale and retail “ Queensware and China business,” under the name and firm of “ E. M. Kerr Co.” That the business of said firm was large and heavy, and the liabilities and obligations outstanding and unpaid are very considerable, as are also the debts now due the same, and the goods and merchandise in its possession. That said Kerr has been extensively engaged in business on…
1Opinion of the CourtSpence, J.
The question upon which this case entirely depends, is, whether Kerr and Potter, stood in the relation to each other of partners inter se. If they stood in this relation to each other, the order of the Chancellor granting the injunction, the order continuing the injunction, and the order appointing a receiver were all, and each of them correct, if not, erroneous.
In the examination of this question, all that class of cases in which courts of equity have adjudged the parties to be partners in relation to third persons, are left out of view. This controversy is one to which the creditors are not…
2Cited by9 opinions
- Bull v. SchuberthCourt of Appeals of Maryland · 1852
- Glenn v. GillCourt of Appeals of Maryland · 1852
- Glenn v. Boston & Sandwich Glass Co.Court of Appeals of Maryland · 1854
- Sangston v. HackCourt of Appeals of Maryland · 1879
- Reddington v. LanahanCourt of Appeals of Maryland · 1883
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